R J INTERNATIONAL Vs. JHALANI TOOLS INDIA LTD

JUDGEMENT

(1.) M/s. R. J. International and others have come up in an appeal against the order 17th March, 1994, passed by the District Consumer Forum, Sonepat, whereby the complaint of M/s. Jhalani Tools (India) Ltd. , Kundli-Sonepat has been accepted and the appellants have been directed to install EPABX at the premises of the complainant at Kundli and to pay interest @ 18% per annum on Rs.25364/- from 28.2.92 and further to pay for the damage for the mental harassment and botheration etc, suffered by the complainant on account of non-installation of the Exchange etc.

(2.) M/s. Jhalani Tools (India) Ltd. , Kundli approached the District Consumer Forum, Sonepat with a grievance that the opposite party M/s. R. J. International, Faridabad had offered to install the Exchange Box with the Computer Card and a subscriber card for 8 lines each with Pandt facility and Telephone instruments etc. at their premises at Kundli. Despite, the complainant having paid the necessary advance, the installation was not made. However, later on, though some defective installation was made, but, its apparatus was taken away by the opposite party on 28th February, 1992 for the purpose of repairs which was never returned. It was on that basis the complaint was made before the District Consumer Forum for the issuance of a direction to install necessary apparatus or in the alternative to refund the amount with interest upto date etc.

(3.) In their reply, the opposite party pleaded that, even though the Engineers along with other staff members had visited the premises of the complainant number of times for the purpose of installation of various instruments, but, as the complainant had failed to clear the balance, the needful was not done. It was further pleaded that despite that, the apparatus was later on installed, which the workmen of the complainantcompany had damaged and spoiled by not following the technical instructions properly.